Even when you remove litigation as a factor, the extent of tests and procedures that are ordered do not change. Enacting "tort reform" will continue to fail as a solution to this country's health care problems.
Patients need competent physicians; doctors need medication, psychotherapy, or both; and, politicians need to focus on reducing medical malpractice. This is the only acceptable way to reduce deaths, injuries, claims and lawsuits.
Medical-legal reform received only lip-service during the Federal health care legislative process in the spring of 2010 -- drastically disregarded as fundamental contributors to high health care costs.
Anyone opposed to robust health care reform because it fails to include tort reform needs to examine their premise. We should be more concerned with patient safety.